STATE v. NORMAN

No. 76.

74 S.E.2d 602 (1953)

237 N.C. 205

STATE v. NORMAN.

Supreme Court of North Carolina.

February 25, 1953.


Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love, for the State, appellant.

Bailey & Bailey, Plymouth, for defendant, appellee.


ERVIN, Justice.

It seems advisable to make certain observations at the outset. The defendant is charged with simple assault. State v. Myrick, 202 N.C. 688, 163 S.E. 803. A simple assault is a misdemeanor punishable by a fine not exceeding $50 or imprisonment not exceeding thirty days. G.S. § 14-33. Under Section 12 of Article I of the North Carolina Constitution and G.S. § 15-137, a person charged with the commission of a misdemeanor cannot be tried initially...

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